3 1 section, shall first be effective no earlier than September 28, 2 1984. 3 4 JUDICIAL REVIEW OF TRIBUNAL DECISIONS SEC. 103. (a) Section 810 of title 17, United States. 5 Code, is amended by inserting after the second sentence the 6 following: "Such judicial review shall not be affected by the 7 creation of the Tribunal in the legislative branch.”. 8 (b) The amendment made by subsection (a) of this sec9 tion shall not apply to appeals filed before the date of the 10 enactment of this Act. 11 12 13 ADJUSTMENT OF COPYRIGHT ROYALTY RATES BY THE TRIBUNAL SEC. 104. (a) Section 801(b)(2)(B) of title 17, United 14 States Code, is amended in the second sentence by striking 15 out "In" and all that follows through "users:" and inserting 16 in lieu thereof the following: "In determining the reasonable17 ness of rates proposed following an amendment of Federal 18 Communications Commission rules and regulations, and any 19 subsequent adjustment to those rates pursuant to section 20 804(b), the Copyright Royalty Tribunal shall consider the ob21 jectives set forth in clause (1) of this subsection, and shall 22 also consider, among other factors, the extent to which tele23 vision broadcast stations compensate copyright owners for 24 the secondary transmission of their signals by cable systems 25 located outside their respective local service areas, the extent 26 to which the value to cable systems of additional distant sig HR 6164 IH 4 1 nals decreases or increases as such signals are carried, the 2 impact of the rates on cable subscribers both as to the avail3 ability and cost of receiving copyrighted materials, and the 4 impact of the rates on competition with television broadcast 5 stations:". 6 (b) Section 801(b)(2)(C) of title 17, United States Code, 7 is amended by adding at the end thereof the following new 8 sentence: "In determining the reasonableness of such rates, 9 and any subsequent adjustment to those rates pursuant to 10 section 804(b), the Copyright Royalty Tribunal shall consider 11 the objectives set forth in clause (1) of this su section and the 12 factors set forth in subclause (B) of this clause.". 13 14 15 TITLE II-CABLE TELEVISION RETRANSMISSION OF DISTANT SIGNALS SEC. 201. (a) Section 801(b)(2)(B) of title 17, United 16 States Code, as amended by section 104(a) of this Act, is 17 further amended by adding at the end thereof the following: 18 "No adjustment in royalty rates under this subclause, which 19 takes effect on or after March 15, 1983, may apply to any 20 distant signal equivalent or fraction thereof represented by 21 the first two distant independent television broadcast signals 22 carried by any cable system.". 23 (b) The amendment made by subsection (a) shall not 24 create any liability for the refund of any royalties paid on or HR 6164 IH 5 1 after March 15, 1983, and before the date of the enactment 2 of this Act. 3 4 TIERING SEC. 202. Section 111(d)(2)(B) of title 17, United States 5 Code, is amended by striking out "in computing the 6 amounts" and all that follows through "; and" and inserting 7 in lieu thereof the following: 8 9 10 11 12 13 14 15 16 17 18 19 20 "in computing the amounts payable under paragraphs (ii) through (iv) of this subclause, (I) any fraction of a distant signal equivalent shall be computed at its fractional value, (II) in the case of any cable system located partly within and partly without the local service area of a primary transmitter, gross receipts shall be limited to those gross receipts derived from subscribers located without the local service area of such primary transmitter, and (III) in the case of any secondary transmissions made to a limited number of subscribers, gross receipts shall be limited to those gross receipts derived from subscribers receiving such secondary transmissions; and". HR 6164 IH PROVISIONS RELATING TO CABLE TELEVISION AND THE COPYRIGHT ROYALTY TRIBUNAL ARE FOUND IN SECTIONS 111, AND 801-810, OF TITLE 17, UNITED STATES CODE. § 111. Limitations on exclusive rights: Secondary trans missions (a) Certain Secondary Transmissions Exempted. The secondary transmission of a primary transmission embodying a performance or display of a work is not an infringement of copyright if (1) the secondary transmission is not made by a cable system, and consists entirely of the relaying, by the management of a hotel, apartment house, or similar establishment, of signals transmitted by a broadcast station licensed by the Federal Communications Commission, within the local service area of such station, to the private lodgings of guests or residents of such establishment, and no direct charge is made to see or hear the secondary transmission; or (2) The secondary transmission is made solely for the purpose and under the conditions specified by clause (2) of section 110; or (3) The secondary transmission is made by any carrier who has no direct or indirect control over the content or selection of the primary transmission or over the particular recipients of the secondary transmission, and whose activities with respect to the secondary transmission consist solely of providing wires, cables, or other communications channels for the use of others: Provided, That the provisions of this clause extend only to the activities of said carrier with respect to secondary transmissions and do not exempt from liability the activities of others with respect to their own primary or secondary transmissions; or (4) the secondary transmission is not made by a cable system but is made by a governmental body, or other nonprofit organization, without any purpose of direct or indirect commercial advantage, and without charge to the recipients of the secondary transmission other than assessments necessary to defray the actual and reasonable costs of maintaining and operating the secondary transmission service. (b) Secondary Transmission of Primary Transmission to Controlled Group.-Notwithstanding the provisions of subsections (a) and (c), the secondary transmission to the public of a primary transmission embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, if the primary transmission is not made for reception by the public at large but is controlled and limited to reception by particular members of the public: Provided, however, That such secondary transmission is not actionable as an act of infringement if— (1) the primary transmission is made by a broadcast station licensed by the Federal Communications Commission; and (2) the carriage of the signals comprising the secondary transmission is required under the rules, regulations, or authorizations of the Federal Communications Commission; and (3) the signal of the primary transmitter is not altered or changed in any way by the secondary transmitter. (c) Secondary Transmissions by Cable Systems.— (1) Subject to the provisions of clauses (2), (3), and (4) of this subsection, secondary transmissions to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work shall be subject to compulsory licensing upon compliance with the requirements of subsection (d) where the carriage of the signals comprising the secondary transmission is permissible under the rules, regulations, or authorizations of the Federal Communications Commission. (2) Notwithstanding the provisions of clause (1) of this subsection, the willful or repeated secondary transmission to the public by a cable system of a primary transmission made by a broadcast station licensed by the Federal Communications Commission or by an appropriate governmental authority of Canada or Mexico and embodying a performance or display of a work is actionable as an act of infringement under section 501, and is fully subject to the remedies provided by sections 502 through 506 and 509, in the following cases: (A) where the carriage of the signals comprising the secondary transmission is not permissible under the rules, |